But the fact that Kimber jumped up onto Race's truck in the first place...shouldn't that help to neutralize the whole thing?
It just seems hard for me to believe that someone who is agressively tresspassing would have any real standing when it comes to "assault," especially considering there was no bodily injury.
I'm not sure the "aggressively" part would be so easy to prove, since the plaintiff will claim he was being as peaceful as a lamb. And remember, we're talking about trespass to chattels, not to real property.
I'm not saying the plaintiff would win. I'm saying it would go to a jury. Any time you go to a jury, it's a crap shoot.